Judgment - The High Court of Sabah & Sarawak

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[KCH-12B-7-2011]
RM406.25 based on the salary slip. The second plaintiff also told the court
that he earned RM500 a month from the burger stall. Counsel for defendants
submitted that the evidence of earnings from the burger stall was not proved.
Counsel for defendants only accepted the evidence of earnings from Loong
Jye Car Service Centre. Counsel for defendants submitted since the 2 nd
plaintiff has recovered well, he should only claim for 4 months pay.
However, the 2 nd plaintiff was not challenged that he did not work for six
months. The Sessions Court Judge accepted the evidence of the 2 nd plaintiff
that he earned income from the burger stall and she assessed his earnings at
RM300 a month. The evidence that the second plaintiff actually did not go
to work for six months was not rebutted. In the premises, I see no reason to
disturb the Sessions Court Judge’s award of RM4,237.50 for loss of pay for
six months based on the second plaintiff’s monthly salary of RM406.25 as a
mechanic and part time income of RM300 from the burger stall.
Pain and Suffering
Closed fracture medial malleolus right ankle
The learned Sessions Court Judge awarded RM28,000 for the above injury.
Counsel for defendants cited the following cases where a lower award was
given:
In Abdul Malik b Saad [2009] 2 PIR 11 the court awarded RM18,000
for closed fracture/dislocation of the right medial malleolus.
In Mani Selvam a/l Ponnusamy [2009] 2 PIR 6, the court awarded
RM20,000 for closed fracture of the right medial malleolus of the
ankle.